This article argues that employment tribunal adjudication may be both a difficult and ineffective mechanism for resolving whistleblowing disputes. The author asserts that, if disclosures of serious wrongdoing are to be encouraged, both the law and dispute resolution mechanisms need to be improved. Ideally, employers should have whistleblowing procedures which provide for conciliation, mediation and arbitration as alternative forms of redress for those who feel that their disclosures have not been dealt with properly or have allegedly suffered retaliation. Recognising that a legal obligation to have effective whistleblowing arrangements is unlikely to be imposed by law, the author suggests that alternative dispute resolution mechanisms should be made available where whistleblowing claims are lodged with employment tribunals.
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